Document gD7yO27EOxv4qg17nGJJvVYRN

UNION CARBIDE CORPORATION Health, Safety and Environmental Affairs 270 Park Avenue - 22nd Floor New York, New York 10017 RECEIVED .AUG 14 1978 August 3, 1973 UNION CARBIDE . KiNO riTY C* _ Memorandum to: UCC Physicians Sponsor: Mr. J. B. Browning Subject: Asbestos Gentlemen: . A major governmental information campaign on the hazards of asbestos is under way. It will undoubtedly cause considerable anxiety among workers who have or think they may have been exposed to asbestos. It is imperative that you respond to inquiries in a knowledgeable fashion. I know you are busy, but I would appreciate it if you would at least read the two-page background document attached, if you possibly can, I would also suggest that you read the Asbestos Standard dnd some extracted portions of the NIOSH Criteria Document, copies of which have also been enclosed. The really heavy exposures to asbestos occurred during World War II when ventilation was poor and respirator use was almost non-existent. It now has been 35 years, and no major epidemic of asbestosis or mesotheliomas has occurred. I believe the popularly projected occurrence of asbestosrelated diseases is grossly exaggerated and probably irresponsible. We now have good industrial hygiene control of asbestos exposures in all our plants. I would urge you to check with the Assistant Corporate Medical Director responsible for your plant and division before you respond to any detailed inquiries about extent of past exposures or presumed medical risks. We will help you get.the information you need if it is available. The insulators' union, through the Insulators' Health Hazards Program, has been active in some locations requesting that chest x-rays be sent to Washington, D.C., to be interpreted by Dr. Irving J. Selikoff. If you should get such a request, we would appreciate learning about it. Sincerely yours, TAL:SA Attachments cc: Mr. J. B. Browning Mr. T. W. Carmody Dr. H. H. Haynes Thomas A. Lincoln, M.D. A 17634 UCC 022778 BACKGROUND On April 26, 1973 the Secretary for Health, Education, and Welfare, Hr. Joseph Califano announced a governmental campaign to notify physicians, past workers, and others at risk of the . associated with asbestos exposure. He made a reasonably objective presentation of the situation that emphasized past, extremely high exposures that occurred before the risk was recognized and before regulations were enacted. Shipyard exposure during . World War II received particular attention. This announcement came after s everal years of pressure by organized. labor and a variety of environmental activist groups. A summary of the steps leading to the announcement and the information program planned by the government are given in Attachment I. The press coverage of this announcement lareVlv ignored the "high A . exposures well in the past" concept and implied the^risk all exposures including today's regulated uses. A good response to the inaccurate coverage is provided in a statement prepared by the Johns-Manville Corporation given hare as Attachment II. . EXTENT OF THE MEDICAL PROBLEM '' There is extensive, undisputed evidence that insulation workers in the construction trade are at a very substantial excess risk of developing asbestosis and mesothelioma. Those who smoke also are at very high risk from lung cancer. Asbestos-containing insulation was widely used during World War II in ship . UCC 022779 A :763b -2- construction and repair. Typically it takes 20, 30 or more years from Initial exposure for asbestos-related diseases to appear so that the critical time period for wartime activities is now here. Over the past several years substantial evidence has accumulated that very heavy exposures did occur in the shipyards. They are not only found in the insulation workers but also in other trades who were present in the confined spaces common on shipboard. So far the results have been mainly seen as asbestosis and in various lung changes in shipyard workers, although some excessive mesothelomias have been found at some locations. The number of people who may be affected is pure speculation at this time. It is generally agreed that the risk of contracting an asbestos- related disease depends directly on the intensity of exposure. The figures of 8-11 million workers exposed that are quoted apparently include all persons who have ever worked in a shipyard plus those from construction, mining and milling of asbestos and those involved with automotive brakes and brake repair. The insulation trade health experience is then applied to this total to arrive at the "five-seven million people will die of asbestos- related disease" statements that frequently appear in the media. This assumes that all of the millions of workers have been exposed at the intensity of those in the insulation trade and will have the same health response. We believe that this is a gross exaggeration due to the assumptions used but there is really no scientific basis to speculate on a more correct estimate. The medical problem arising from-heavy asbestos exposures 20-30 years in the past thus appears to be real and substantial but the extent i.s clearly undefined. ' UCC 022780 - A 1 7636 X131S RULES AND REGULATIONS - r^XLTJ-IS*! FART 10--ARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED ; RATE, ETC Fre* Withdrawal of Supplies and Equipment for Aircraft In accordance with section 309(d), TarlS Act of 1930, as amended (19 U.S.C. 1309(d)) the Department of Commerce ha* found and under date of April 25. 187X has advised the Treasury Depart ment that Poland allows privileges to aircraft registered is the United States and encaged in foreign trade substan tially reciprocal to those provided for in sections 309 and 317 of the Tariff Act of 1830, as amended (19 U.S.C. 1309, 1317) . The same privileges are therefore hereby extended to aircraft registered in Poland and engaged la foreign trade effective as of the date of such notification. Accordingly, paragraph (f) of f 10.59, regulations, is amended by the insertion of Poland In appropriate al phabetical order and the number of this Treasury decision in the opposite col umn headed'"Treasury Decision (s) " in the list of nations In that paragraph. ISM. 309, SIT. 634.46 SUt. SSO, M amended, esc. ea emended. 739: 19 tJAC. M08. 1SIT, 1024) . fauil Sovrar P. Rants, Acting Commissioner of Customs. Approved: May 23,1972. Bcbewx T. Rossocs, AaststcaU Secretary at the Treasury. JFB Dpe.73-SS7S rued 8-S-72;a:M am | y Title 29--LABOR Chapter XVH--Occupational Safety and Health Administration, Depart - . merit ef Labor ' . . FART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS Standard far Exposure to Asbestos Dust On December 7, 1971. as emergency temporary standard concerning exposure to asbestos fibers was published in the Pkdxus Rxcxsraa (38 PJL 23207). In ac cordance with section 6 (c) (3) of the Wil liams-Steiger Oocuptaional Safety and Health Act of 1970, a notice of proposed rulemaking regarding a permanent standard for exposure to asbestos fibers was published in the Fxbehai. Rseism. on January 12. 1972 (37 PA 486). The no tice invited interested persons to submit both orally and in writing, data, views, and arguments concerning the proposal. On or about January 24, 1372. the Ad visory Committee on Asbestos Dust was established and requested to make writ ten recommendations with regard to the proposed standard on asbestos. On or about February 1, 1972, the Department of Health. Education, and Welfare trans mitted to the Secretary of Labor a cri teria document retaining Recommenda tions for an Occupational Exposure exposure to asbestos fibers and the ap Standard for Asbestos by the National pearance of adverse biological manifes Institute for Occupational Safety and tations, such a* asbestosis, lung cancers, Health (NIOSH) - Public notice was given and mesothelioma, have given rise to of the receipt -of the recommendations controversy as to the validity of the and their availability for inspection and measuring techniques used and the relia copying. On or about February 25, 1972, bility of the relations attempted to be the Advisory Committee on Asbestos Dust established. Because of the long lapse submitted its written recommendations of time between onset of exposure and to the Assistant Secretary of Labor for biological manifestations, we have now Occupational Safety and Health. evidence of the consequences of exposure, - Pursuant to the notice of rule malting, but we do not have, in general, accurate a hearing was held on March 14 through measures of the levels of exposure oc 17.1972. for the purpose of receiving oral curring 20 or 30 years ago, which hare data, views, and arguments concerning given rise to these consequences. There the proposed, standard. On or about are also controversies concerning the March 31,1972, the presiding hearing ex relative toxicity of the various kinds of aminer certified to the Assistant Secre asbestos, and varying hazards in dif tary of Labor for Occupational Safety ferent workplaces. and Health the record of the proceeding. It is fair to say that the controversy The record includes prehearing written has centered in the area between a two- comments, a transcript of the oral pres fiber TWA concentration and five-fiber entations made at the hearing, and nu TWA concentration, with variations on merous exhibits received during the the time seeded for compliance. Many course of the hearing or within the pe employers support a five-fiber TWA. riod allowed after the - dose of the Most medical opinion is divided between bearing* . a two-fiber standard and a five-fiber The proposed standard dealt with (1) standard. . permissible concentrations of asbestos In view of the undisputed grave con fibers; (2) methods of compliance; (3) sequences from exposure to asbestos warning signs; (4> monitoring; (5) med fibers, it is essential that the exposure be ical examinations: and <S> recordkeep regulated now, on the basis of the best ing. Each of these major proposals elic evidence available sow, even though- It ited comments, arguments, objections, may not be as good as scientifically de and counterproposals. They all have been sirable. An asbestos standard can be re examined and considered. evaluated in the light of the results of 1. Acceptable concentrations of asbes ongoing studies, and future studies, but tos dust. The proposed standard would cannot wait far them. Lives of employees limit occupational exposure to 8-hour are at stake. - time-weighted average (TWA) airborne It is concluded that there should be concentrations of asbestos dost sot ex ona minimum stozutord of exposure to ceeding five fibers longer than five asbestos applicable to all workplaces ex micrometers per milliliter. Concentra posed to any kind, or mixture of rinds, tions above five fibers taut not to exceed of asbestos. Reasons of practical ad 10 fibers (ceiling concentration) would ministration preclude a variety of stand be permitted up to 15 minutes in an hour, ards for different kinds of asbestos and but for not more than 5 hours In any one of workplaces. Also, while the evidence 8-hour day. . ' ' tends to show that crocidolite, for in NIOSH in effect has recommended stance, is moor* harmful than chrysotlle, that the five-fiber TWA and 10-fiber the evidence is not sufficient to establish peak concentrations be permitted only separate standards for varieties of for 2 years; thereafter, TWA concentra asbestos. '' ` tions should be not more than 2 fibers Because there must be one standard per cubic centimeter (cm.*) of air, and governing exposure to all varieties of peak concentrations should not exceed 10 asbestos, amt in workplaces apparently fihers/cm.*, -with no time restriction. more hazardous than others; because Numerous objections and counterpro some present employees with regular ex posals have been made, with regard to posure to asberios have probably al both the limits of asbestos fiber concen ready accumulated great doses of asbes trations and the time periods to comply tos fibers, due to higher levels of ex with them. Some, for example, have rec posure In the past; because it appears ommended return to a 12-fiber standard that levels of exposure which may be of an earlier day; l.e. a level adopted safe with regard to asbestosis are not under the Walsh-Healey Public Con safe with regard to mesothelioma; be tracts Act in 1969. Others have recom cause the statute requires the protection mended a two-fiber standard to become of every employee, even of one who may effective in 6 months, then a one-fiber have regular exposure to asbestos during standard for 2 years, and finally a zero- a working life which may reach, or even fiber standard after 3 years. These' rec exceed, 40 yean: and because of several ommendations give a fair indication of other considerations which have been the wide spread of the counterproposals. urged-and are reflected in the record of No one has disputed that exposure to the proceeding, the conflict in the medi asbestos of high enough Intensity and cal evidence is resolved in favor of the long enough duration is causally related health of employees. As of July 1, 1976. to asbestosis and cancers. The dispute is TWA concentrations of asbestos fibers as to the determination of a specific level longer than 5 micrometers will not be below which exposure Is safe. Various allowed to exceed two fibers/ce,, with a studies attempting to establish quantita ceiling value of 10 fibers/ce. The current tive relations between specific levels of TWA concentrations of five fibers, and FTOIKAL MGICTH, VOL 37, NO. 1(0--WIDNKOAY, JUNI 7, 1971 A1 7 63? UCC '022781 RULES AND REGULATIONS 11319 ceiling coocentratioas of 10 fifcers/cc. fibers, so that these would not be released ft. Records. The standard, as proposed will be permitted until July 1.1978. dur in toe normal use of the products. **7"'* and aa adopted, requires maintenance of ing what will be * transitional period not be required to be labeled; and (23 recasts of monitoring and of medical deemed necessary to allow employers to words such as "danger" and "cancer** are examinations. Most of the controversy in Tpa-v-w the needed changes lor coming unwarrantedly alarming. ' this area has revolved around the ques Into compliance wittt toe more stringent Both contentions have merit, and toe tion whether an employer should be al dta&dflrcL standard baa been changed accordingly. lowed to have access to the results of Tlie record shows that the many wort 4. ' Monitoring. The proposed standard the squired medical examinations. The Operations subject to toe single asbestos would have required personal monitor apDm&easlon. af those who have argued standard (textile, manufacturing; Indus ing and environmental monitoring. against employer access is based on the trial, and marine ini*al1artr>ri etc.) will Many issues have been raised concerning expectation that some employers will use meet varying degrees of difficulty in toe availability and reliability of meas the medical examinations as a means of famply*71y with toe standard. Xn some uring instruments, frequency of moni scresttng employment applicants, and plants, extensive redesign and reloca- toring, and conditions In which monitor worst as grounds for discharging current tion-of equipment may be needed. It ap ing should be required. The adopted empaiyees, who show signs of being af pears, however, toe delay in toe edective standard tabes the objections into con fected by exposure to asbestos. Since toe date of the two-fiber standard will pro sideration. it requires periodic monitor purpma of the medical examinations is vide all employers a reasonable time to ing at intervals no longer than 8 months, to monitor toe health of employees ex comply. At toe same time, so long as toe thus allowing considerable time and dis posed to the hazards of abestos, em ceiling limit is complied with. no barm cretion, and prescribes the use of the ployees cannot in reason be granted the Is reasonably expected to result from ex membrane filter method, which is an ac prtsSege of refusing to disclose to their posures during toe transitional period. ceptable method for- determination of cmtikyers results of occupational expo- 3. Methods of compliance. It baa been asbestos fibers. . sun. It does not make sense to require pointed out by many persons, tost pro tection against asbestos fibers is best It has also been recommended that. empCeyers to provide medical examina employees or their representatives should tions if they cannot know and use toe obtained by controlling toe generation of have an opportunity to observe toe regatta of the For these libers first, and secondly, by controlling monitoring. The "rammer11***"" has reasons the standard provides that em tbe dispersion of released fibers into toe been accepted. ployees may have a restricted ** to ambient air of toe workplaces. Therefore, 5. Medical examinations. The pro sens medical information. "toe standard requires feasible techno posed standard would only require an On toe other hand, there is no toten logical controls and appropriate work appropriate medical examination on a donto allow employers to abuse medical practices as the primary means of com periodic basis. The generality of toe pro- Infa mation obtained pursuant to toe pliance. Rotation of employees aa a way pceal has attracted many objections and Act, to thq detriment of employees. of meeting the TWA concentration re also many helpful comments. The recom Thsefore, toe admlnlatstioa of the quirement is allowed only ta stated ex- cepCanal circumstances, because, as a general rule, it would be difficult to im plement. Personal protective equipment, such as v--nirumTHL nrnBrc be Tailed upon becatK* amem* ocher reasons, they may be sn uncomfortable as to beJatir- mendations of NIOSH and of toe Advi sory Committee on Asbestos Dust were much more specific with respect to both frequency and type of medical examina tions to be required. The comments vary as to toe class of employees to be ex amined and as to toe frequency of the merited records requirement win be deafly watched, and, in cases of abuse, apiespiiate action will be considered. ` The Issues discussed above are believed to be the major ones. Numerous other is sues have been raised in the rulemaking ptrowlings Some have been referred to dsnsome. except for~snort periods of nTM Therefore, it is expected that res InmflmraUy. Many recommendations, for The adopted standard requires medical Instance, about work practices, are so pirators and shift rotation will be used examinations both at toe beginning and obttaasly meritorious that their adop dating the period necessary to install en toe termination of employments exposed tion needs no exposition here. Other gineering controls and to train employ to concentrations of asbestos fibers, and recommendations and many objections ees in sound work practices, but. after also requires annual medical' examina haw not been adopted for a variety of .technological compliance haa been tions of every employee exposed to air reams which shouid be manifest. Sev achieved, their use must be limited to borne concentrations of asbestos. It has eral. for instance, have recommended special work situations and emergencies. been pointed out that in certain indus the use of respirators only pursuant to a Where both are practicable, shift rota- tlnn, Is required. - - 3. labeling. The proposed standard stopped short of requiring labeling as bestos and asbestos-containing products. Ttoa proposed standard would have re tries. such as construction, aa employee may work for several employers during the same year. Accordingly, the standard does not require either preemployment, or termination, or periodic examinaton of any employee who has been examined variance, or in cases of emergency and occasional short-tem exposures. The rcnairamenflatten with respect to vari ances undoubtedly has many merits, but ia considered administratively im quired only warning signs at locations in accordance with toe standard within, practical. . .' where asbestos hazards are present. the past year. Amordlngiy. after eonsiden.tion of the However, labeling, rather than warning has proved to be a point of con troversy. Both NIQSH and the Advisory Committee on Asbestos Dust recom mended labels for asbestos products and One question which has been raised goes to whether the employer or the em ployee should be allowed to choose toe examining physician. The standard gives toe option to the employer. Since wfarib record of toe proceeding; and passant to sections 6 (b) and (c) ' 3(c5 of- the WUIiams-Steiger Occupa tional Safety and Health Act of 1970 (84 t contamers, these recommendations some employers already have a medical Stat IS93, 159ft, 1599; 29 tT-S.C. 655, .* became very controversial in toe course examination program in operation, and. 6533,. 39 cm 1910.4, and to Secretary of of toe proceeding. Many counterpro also, have medical departments with Laser's Order No. 15-71 (3ft PH. 8734), proposals have beat made as to toe lan guage of toe warning as well as to toe products to be subject to toe labeling requirements. Employers, In general, some expertise in toe diagnosis of abestos-related diseases, it seems more reasonable to permit them to utilize the present programs and expertise, than to Past 1910 of Tltie 29 of the Code of Fed- era! Regulations is amended as set forth beta*, strongly contend that (1) finished prod permit an employee to choose a private 123 Section 191053 Is emended by ne- ucts which effectively entrap asbestos general practitioner. ritihg Table G-3 to read as follows; c HDRAL ISCISTIX, VOti 37, NO. (10--WtDNtSOAY, i 38 UCC 022782 11320 RULES AND REGULATIONS { 1910.93 Air tuhrtmw Upper UcW IWtiliiUi).. h*rt* (total dnei)_ CnfetttobeoitkegPleiuoKdttfwtn^ J> anew* WIOf* %n3ij1ii^0nrMui %HOrf tSSJS** BjaHtbavalpo eofcalMad bam (be fw- etofetlatttnad4lUGai)t*h*a 1% cn flsfeawrMtllua tle<a_h_w__ll Coat dot (nspInSta tvHon ------------------- - Tori Iba>&8t0s_.. beteMunlot: TItaatotlek %ao. s9o9 . IS __ ZittitoOarggffllPP ' %aOrl-2 u SQflIM1 so uqc,op Not*: Conrwjion Uetor-- mppeiXm-TnUHan pornelm p table motor I UTHfruiq o-pf oorttRieMJ*appratrec,able loot of sir, tnasd bnpiafm ample* monied by iigbtdeid isdinics. ksi*eTttbpbors. 1Tp*Onthceemn**lttatetd*sttlt<entroaaaiorsioaudwuittirtwacmbjiolketatire-briaamreatbt*hsoSfdeM*rOthapaisieoj. tm sfcowa to bo eppilmble. i As dsMmiMd by tbs membnae fliur method at 49 XBopcaassw* nnerennnoiMimaacntaiildcsiploea.tal quarts far tbo ppUaadna at Ibis bait m u b* detamined Cram tb* OaeUea PM4 a me-eeliettr witt tbe (oLiawln* A--fly--tig dhawta (enlt l--ttf *t) * Patent piMing MtoCUT ' "- *ua10s * '* * - 00 7S0O0 t*aieaaCeiimhbaitiiunidietrhAeMresbpairteabrleefefnr etotlathaeopf acaoeif OSeaUstwietdsefZteArmMintleMd1wlaltltbtsMteBbUZltepr etoPslndnusetokrraesspUounSdSira*.r - 3. A new ! 1910.93a is added to Part 2910, reading as follows; 31910.93a Atbestoa. (a) Definitions, For the purpose of this section. (1) "Asbestos" Includes chiysotile, emosite, crocidolite, tremohte, anthophylUte, and acttnoUte. (2) "Asbestos fibers" means asbestos fibers longer than 5 micrometers, <b> Permissible exposure to airborne concentrations of asbestos fibers--(l) Standard effective duly 7, 1972. The fl-hour time-weighted average airborne concentrations of asbestos fibers to which any employee may be exposed shall not exceed five fibers, longer than 5 micrometers, per cubic centimeter of air. as determined by the method pre scribed in paragraph <e) of this section. <21 Standard effective duly 1, 1978. The 8-hour time-weighted average air borne concentrations of asbestos fibers to which any employee may be exposed stun not exceed two Abets, longer than 3 micrometers, per cubic centimeter of air. as determined by the method pre scribed in paragraph (e> of this section. (3) Ceiling concentration. No m- pkqet shall be exposed at any time to airborne concentrations of asbestos fibers in excess of 10 fibers, longer than 5 micrometers, per cubic centimeter of air. as determined by the method pre scribed in paragraph (el of this section. <e) Methods of compliance--(1) En gineering methods, (i) Engineering controts. Engineering controls, such as, but not limited to, isolation, enclosure, ex haust ventilation, and dust collection, shall be used to meet the exposure limits prescribed in paragraph (b> of this (fi) local exhaust ventilation, (al Local exhaust ventilation and dust col lection systems shall be designed, con structed. installed, and maintained in accordance with the American National Standard Fundamentals Governing the Design and Operation of Local Exhaust Systems, ANSI Z9.2-19T1. which is in corporated by reference herein. (b> See 41910.8 concerning the avail ability of ANSI Z9-2-1971, and the maintenance of a historic file in connec tion therewith. The address of the Amer ican National Standards Institute is given in j 1910.100. (Ill) Particular tools. All hand-op erated and power-operated tools which may produce or release asbestos fibers in excess of the exposure limits pre scribed in paragraph, (b) of this section, such as, but not limited to, saws, scorers, abrasive wheels, and drills, shall be pro vided with local exhaust ventilation sys tems in accordance with subdivision (U) of this subparagraph. <2> Work practices--(1) Wet methods. insofar as practicable, asbestos shall be handled, mixed, applied, removed, cut. scored, or otherwise worked in a wet state sufficient to prevent the emission of airborne fibers in excess of the ex posure limits prescribed in paragraph (b) of this section, unless the usefulness of the product would be diminished thereby. . - (Si) Particular products and opera tions. No asbestos cement, mortar, coat ing, grout, plaster, or similar material containing asbestos shall be removed from bags, cartons, or other containers in which they are shipped, without being either wetted, or enclosed, or ventilated so as to prevent effectively the release of airborne asbestos fibers in excess of the limits prescribed in paragraph (b) of this section. ` (ill) Spraying, demolition, or removal. Employees engaged in the spraying of asbestos, the removal, or demolition of pipes, structures, or equipment covered or insulated with asbestos, and in the removal or demolition of asbestos in sulation or coverings shall be provided with respiratory equipment in accord ance with paragraph (d) (2) (iii> of this section and with special clothing in ac cordance with paragraph <d) (3) of this section. , fd) Personal protective equipment-- (1) Compliance with the exposure limits prescribed by paragraph <b) of this sec tion may not be achieved by the use of respirator* or shift rotation of em ployees, except: (1) During the time period necessary to install die engineering controls and to Institute the work practices required by paragraph (c) of this section: (11) In work situations in which the methods prescribed in paragraph (c) of this section are either technically not feasible or feasible to an extent insuffi cient to reduce the airborne concentra tions of asbestos fibers below the limits prescribed by paragraph (b) of this section; or (ill) In energmeies. . . (iv) When both respirators and per sonnel rotation are allowed by subdivi sions (D. (81, or (hi) of this subpara graph, and both are practicable, person nel rotation shall be preferred and used- (2) When a respirator is permitted by subparagraph (I) of this paragraph, it shall be selected from among those ap proved by the Bureau at Mm**, Depart ment of tee Interior, or the National In stitute for Occupational Safety and Health, Department of Health. Educa tion. and Welfare, under tbe provisions of 30 CFE. Part 11 (31 F-R. 6244, Mar. 25, 1972), and shall be used in accordance withsubdfWsiotts (1), <U>. (Ill), and (iv) of this subparagraph. (1) Air purifying respirators, A reusa ble or single use air purifying respirator, or a respirator described in subdivision <ii) or (hi), of this subparagraph, shall be used to reduce the concentrations of airborne asbestos fibers in the respirator below the exposure limits prescribed in paragraph (b) of this section, when the ceiling or the 8-hour time-weighted aver age airborne concentrations of asbestos fibers are reasonably expected to exceed no more ten 10 times those limits. (ii) Powered gtr purifying respirators. A full facepiece powered air purifying respirator, or a powered air purifying respirator, or a respirator described in subdivision (Hi) of this subparagraph, shall be used to reduce the concentra tions of Airborne asbestos fibers in the respirator below the exposure limits pre scribed in poncraph <b) of this section, when the ceiling or the 8-hour timeweighted average concentrations of asbestos fibers* are reasonably expected to exceed 10 times, but not 100 times, those limits. (iii) TSPe"C**stipplied-air respirators, continuous flow or pressure-demand class. A type "C" continuous flow or pres sure-demand. suppiied-air respirator shall be used to reduce the concentra tions of airborne asbestos fibers in the respirator below the exposure limits pre scribed in paragraph (b`> ot this section, when the ceiling or the 8-hour timeweighted average airborne concentra tions of asbestos fibers are reasonably expected to exceed 100 times those limits. (iv) Estcbhshmeni of a respirator pro gram. ia) The employer shall establish a respirator program in accordance with KDMAL KGIOTt. VOL 37, NO. 110--WEDNESDAY; JUNE 7, 1*7* A 1 7 633 ) > ) UCC 022783 ( <> t ! t . 4I r' . RULES AND R) EGULATIONS ' 11321 the requirements of the American Na where asbestos fibers are released to be subparagraph shall conform to the re tional Standards Practices for Respira monitored in such a way as to determine quirements of 20" x 14" vertical format tory Protection. ANSI 33.2-1969. which, whether every employee's exposure to signs specified in 11910.145(d)(4), and is incorporated by reference herein. asbestos fibers is below the limits pre to this subdivision. The signs shall dis b. See j 1910.6 concerning the avail scribed in paragraph, (b) of this sec play the fallowing legend in the lower ability of AN31Z33.2-1969 and the main tion. If the limits are exceeded, the em panel, with letter sizes and styles of a tenance of an historic file in connection ployer shall Immediately undertake a visibility at least equal to that specified therewith. The address of the American compliance program in accordance with In this subdivision. National Standards Institute is given in } 1910.100. <c> No employee shall be assigned to tasks requiring the use of. respirators if. paragraph (c> of this section. <2> Personal monitoring--(i) Sam ples shall be collected from within the breathing zone of the employees, an Legend dotation Asbestos________ ________ I" Sens Serlfi dottle or Block. based upon his most recent examination, membrane filters of 0.3 micrometer po- Dust Hazard______ ______ gads fiend an examining physician determines that rossity mounted in an open-face filter Ootblo ox the employee will be usable to function holder. Samples shall be taken for the " Block. normally wearing a respirator, or that the safety or health of the employee or determination of the 3-hour timeweighted average airborne concentra Avoid Breathing Oust___Gothic. Wear Assigned Protective Gothic. other employees win be impaired by his- tions and of the ceiling concentrations of use of a respirator. Such employee shall asbestos fibers. So Noe Remain In Area it" Gothic. Unless Tour Work He- - be rotated to another job or given the (li) Sampling frequency and patterns. quires It. . opportunity to transfer to a different po After the initial determinations required Breathing Asbestos Oust 14 point Gothic. sition whose duties he Is able to perform by subparagraph (1) of this paragraph, May Be Hazardous To with the same employer, in the same geo samples shall be of such frequency and Tour Health. graphical area and with the same senior ity. status, and rate of pay he had lust prior to such transfer, if such a different r^HHnn i) available. <3> Special clothing: The employer shall provide, and require the use of. spe cial clothing, such as coveralls or similar whole body clothing, head coverings, gloves, and foot coverings for any em ployee exposed to airborne concentra tions of asbestos fibers, which exceed the ceiling level prescribed, in paragraph <b) of this section. <4) Change rooms: (1) At any fixed place of employment exposed to airborne concentrations of asbestos libers in ex cess of the exposure limits prescribed in paragraph (b) of this section, the em ployer shall provide change rooms for employees working regularly at the place. (ID Clothes lockers: The employer v>U provide two separate lockers or con tainers for each employee, so separated or isolated as to prevent contamination pattern as to represent with reasonable accuracy the levels of exposure of em ployees. In no esse shall the sampling be done as Intervals greater than 6 months for employees whose exposure to asbestos may reasonably be foreseen to exceed the limits prescribed by paragraph (b) of this section. (3) Environmental monitoring--(li samples shall be collected from areas of a work environment which are represent ative of the airborne concentrations of asbestos fibers which may reach the breathing zone of employees. Samples shall be collected, on a membrane filter of 0.3 micrometer porosity mounted in an open-face filter holder. Samples shall be taken for the determination of the 8hour time-weighted average airborne concentrations and of the ceiling con centrations of asbestos fibers. (ii) Sampling frequency and patterns. After the initial determinations required by subparagraph (1) of this paragraph, Spacing between lines shall be at least equal to the height of the upper of any two lines. (2) Caution labels--(1) labeling. Cau tion labels shall be aHired to all raw materials, mixtures, scrags waste; debris, and other products containing asbestos libera, or to their contained, except that no label is required where asbestoa fibers have been modified by a agent, coating, binder, or ocher material so chat during any reasonably foreseeable-use, handling,storage, disposal, processing, or transportation, no airborne concentra tions of asbestos fibers in excess of the exposure limits prescribed in paragraph (b) of this section mil be released. (li) Label specification*. The caution labels required by subdivision (1) of this subparagraph shall be printed in letters of sufficient size and contrast as co be readily visible and legible. The label shall state: Cxonoit of tiie employee's'street clothes from his samples shall be of such frequency and work clothes. pattern as to represent with reasonable (til) Laundering: (a) Laundering of accuracy the levels of exposure of the Contains litw PIbars Avoid creating Ocas asbestoa clothing shall be employees. In no case shall sampling be Breaming AahMtoa Oust May Causa done so as to prevent the release of air at intervals greater than 6 months for Settotts Bodily Hand borne asbestos fibers in excess of the ex employees whose exposures to asbestos <h) Housekeeping--(1) Cleaning. All posure limits prescribed in paragraph lb) may reasonably be foreseen to exceed external surfaces in any place of employ of this section. the exposure limits prescribed in para ment shall be maintained free of accu (b> Any employer who- gives asbestos- graph lb) of this section. mulations of asbestos fibers if. with their contaminated clothing to another person (4) Employee observation of monitor dispersion, there would be an excessive for laundering shall inform such person of the requirement In (a) of this subdi vision to effectively prevent the release of airborne asbestos fibers in excess of the exposure limits prescribed In para graph <b> of this section. (c) Contaminated clothing shall be transported In sealed impermeable bags, or other closed, impermeable containers, and labeled In accordance with para graph (g) of this section. ing. Affected employees, or their rep resentatives, shall be given a reasonable opportunity to observe any monitoring required by this paragraph and shall have access to the records thereof. (g) Caution signs and labels. (11 Cau tion signs. (1) Posting. Caution signs shall be provided and displayed at each location where airborne concentrations of asbestos fibers may be in excess of the exposure limits prescribed in paragraph concentration. (2) Waste disposal. Asbestos waste, scrap, debris, bags, containers, equip ment, and asbestos-contaminated cloth ing. consigned for disposal, which may produce in any reasonably foreseeable use. handling, storage processing, dis posal, or transportation airborne concen trations of asbestos fibers in excess ox the exposure limits prescribed in paragraph (b) of this section shall be collected and (e) jjfetftod at measurement. All de (b) of this section. Signs shall be posted disposed of in sealed impermeable bags, terminations of airborne concentrations at such a distance from such a location or other closed, impermeable containers. of asbestos fibers shall be made by the so that an employee may read the signs (1) .Recordkeeping--(1) .Exposure rec membrane filter method at 400-450 X (magnification) (4 millimeter objective) with phase contrast illumination. (ft Monitoring--(11 Initial determi nations. Within S months of the publi and take necessary protective steps be fore entering the area marked by the signs. Signs shall be posted at aU ap proaches to areas containing excessive concentrations of airborne asbestoa fibers. ords. Every employer shall maintain rec ords of any personal or environmental. monitoring required by this section. Rec ords shall be maintained for a period of at leas* 3 years and shall be made avail able upon request to the Assistant Secre cation of this section, every employer (il) Sign specification*. The warning tary of Labor for Occupational Safety -ban cause every place of employment signs required by subdivision a) of this and Health, the Director of the National (H764Creoiui xKimt, vou 37, no. no--wconisbat, jum 7, UCC 022784 11222 RULES AND REGULATIONS Thstitate for Occupational Safety t> Health, and to authorised represent*- Ores of either. - (3) Employes access. Every employee and former employe* huii have reason able eeeesa to any record required to be maintained by subparagraph 111 of this paragraph. which Indicates the em ployee's own exposure to asbestos fibers. <31 Empioswe notification. Any em ployee found to have been exposed at any time to airborne concentrations of asbes tos fibers In excess of. the limits pre scribed in paragraph (b> of this section shall be notified in writing of the expo sure aa soon as practicable but not later than $ days of the finding- The employee shall also be. timely notified of the cor rective action being tjirw . til Medical examinations--(1) Gen tions. Records shall be retained by employers far at least 20 years. ' (11) Access. The contents of the rec ords of the medical examinations required by this paragraph *ha be made available, for Inspection and copying, to the Assistant Secretary of Labor for Occupational Safety and Health, the Director of NIOSH, to authorized physi cians and medical consultants of either of them, and. upon the request of an em ployee or former employee, to his physi cian. Any physician who conducts a medical examination required by ibis paragraph shall furnish to the employer of the examined employee ail the Infor mation specifically required by paragraph, and any other medical in formation related to occupational ex posure to asbestos fibers. Instruction section has been revised ac cordingly. Minor editorial changes have also been made. . 1. Section 9-L101 Scope of subpart. Is revised toned as follows: 9-1.101 Scope of nbpsit This subpart describes the Atomic Energy Commission Procurement Regu lations and the AECFR Temporary Reg ulations. It also describes exclusions from the AECFR aa contained in the AEC Procurement instructions. 2. Section 9-1.102 Establishment of AEC Procurement Regulations, is revised to read as follows: $ 9--1.102 Establishment of the AEC Procurement Regulations and the _ AECFR Temporary Regulations. eral. Tbs employer shall provide or mahe 9--1.102--1 AEC Procurement Regula available at his cost, medical examina 3. A new 11910.19 Is added to Subpart tions. . tions relative to exposure to asbestos reHUired by this paragraph. (2) Preplacement. The employer shall provide or make available to each of his employees, within 30 calendar days fol lowing his first employment in an occupation exposed to sirbome con . centrations of asbestos fibers, a compre"hqnsiYa medical examination, which shall include, as a minimum a. chest roent- geuogram (posterior-anterior 14 x IT Inches!, a history to elicit symptom atology of respiratory disease, and pulmonary function tests to include forced vital capacity (FVC) and forced expiratory volume at l second <FEVL*1. B of Fart 1910, reading as follows; 1910.19 Asbeotoadort. ' Section 1910.93a shall apply to the ex posure of every employee to asbestos dust in every employment and place of employment covered by i 1910.12, 11910.13,11910.14. I 1910.15, or 9 1910.16, in Ueu of any different standard on ex posure to asbestos dust which would otherwise be applicable by virtue of any of those sections. Effective date. Paragraph (b) (2! of { 1910.93a shall become effective July 1, 1976. All other provisions of 99 1919.93a, 1910.93, and 1910.19 shall become effec (a! The AEC Procurement Regula tions (AECFR) are hereby established. Cb> These regulations Implement and supplement the Federal Procurement Regulations (FPR! and are a part of the Fedoai Procurement Regulations System. . (c) The effective date of FPR Issu ances throughout AEC will be the date Indicated in the respective issuances un less otherwise provided in the AEC Pro curement Regulations., ___ (d! The effective date of AECFR Is suances throughout AEC will be the date indicated in the respective issuances. (31 Annual examinations. On or be tive July 7, 1972. The current emergency 9-1.1B&-2 AECPIt Temporary Regn- fore January 31, 1973, and at least an temporary standard remains In effect nually thereafter, every employer shall until July 7, 1972. (a) The AECFR Temporary Regula provide, or make available, comprehen sive medical examinations to each of his (Sees. . a, 84 3tat. 1583, 139S; 29 TTAC. 453. 837; 29 G7& 1910.4; Secretary of Labor's tions an hereby established. (b) These regulations implement and employees engaged in occupations ex Order No. 12-71. 38 FA 3754) supplement the Federal Procurement posed to airborne concentrations of as bestos fibers. Such annual examination shall include, as a minimum, a chest Signed at Washington, D.C- this 2d day of June 1972. Regulations Temporary Regulations. They also contain policies and proce dures initiated by the AEC which are 'roentgenogram (posterior-anterior 14 x G. C. Guxxnaxx, expected to be effective for a period of 17 inches!, a history to elicit symptom Assistant Secretary of Labor. 6 months or less. ____ atology of respiratory disease, and pulmonary function tests to include [FS Doe.73-3674 Filed S-A-73;8: am] (cl The, effective date of the FPR Temporary Regulations issuances forced vital capacity (ETC! and forced throughout AEC will be the date indi expiratory volume at i second (FEVu!. cated in the respective Issuances unless (41 Termination of employment. The Title 41--PUBLIC CONTRACTSemployer shall provide, or make avail otherwise provided In the AECFR Tem porary Regulations. ___ able; within 30 calendar days before or AND PROPERTY MANAGEMENTafter the termination of employment of (d! The effective date of the AECFR Temporary Regulations issuances any employee engaged in an occupation exposed to airborne concentrations of asbestos fibers, a comprehensive medical - Chapter 9- Atomic Energy Commission throughout AEC will be the date indi cated In the respective issuances. (e) The AECFR Temporary Regula examination which shall include, as a irtirriTTinin, a chest roentgenogram (pos terior-anterior 14 x 17 Inches). a history to elicit symptomatology of respiratory PART 9-1--GENERAL Subpart 9--1.1--Procurement Regulations tionswre a part of the AEC Procurement Regulations and the Federal Procure ment Regulations System. Ail references to the AEC Procurement Regulations or and pulmonary function tests to include forced vital capacity (FVC) hfzscxiAairaoro Ajohoscxhts AECFR in 99 3-1.103 through 9-1.109 of this subpart be deemed to include and forced expiratory volume at 1 second The changes made in AECPR Subpart the AECFR temporary regulations. (FEV^.K (31 Recent examinations. No medical examination is required of any em ployee, if adequate records show that 9-1.1, Procurement Regulations, have been made in order to establish the AECFR. Temporary Regulations, which are a part of the AEC Procurement Reg 3. Section 9-1.103 Authority, Is revised to read as follows: 9-1.103 Authority. the employee has been examined in ac ulations and the Federal Procurement The ABC Procurement Regulations are cordance with this paragraph within the Regulations System. The AECFR Tem prescribed by the General Manager, As past 1-year period. porary Regulations Implement and sup sistant General Manager for Administra (61 Medical records--(i) Mainte~ nance. Employers of employees examined pursuant to this paragraph shall cause to be maintained complete and accurate plement the FPR Temporary Regula tions. They also contain policies and procedures initiated by the AEC which are to be effective for a period of 6 tion, or the Director, Division of Con tracts of Che AEC, pursuant to the au thority of the Atomic Energy Act of 1954, and the Federal Property and Adminis records of all such medical examina months or less. The AEC Procurement trative Services Act of 1949. FfDEXAl lEOISTEt, VOL 37, NO. 110--WtDNtSDAY. JUNI 7, 1773 JU 7 64 1 ....UCC 022785 s 191OSH REVISED RECOMMENDED ASBESTOS STANDARD III. EFFECTS ON HOMAN Nonmalignant Respiratory Diseases (a) Historical Studies The use of asbestos dates back thousands of years; however, the modern industry dates from about 1880, when it was used to make heat and acid resistant fabrics, (Hendry, 1965; Hueper, 1966). With the increasing use of asbestos materials, reports of asbestos- related disease emerged. . The first record of a case of asbestosis was reported in England by Montague Murray in 1906. Hoffman (1918) reported that it was the practice of American and Canadian insurance com panies not to insure asbestos workers due to unhealthful conditions in that industry. Pancoast et al (1917) commented on x-ray changes resembling pneumoconiosis in 15 individuals exposed to asbestos. The first complete description of asbestosis and of the "curious bodies" seen in lung tissue appeared when Cooke (1927) reported on a case of asbestosis, and McDonald (1927) reported on the same and another case. Each author gave reasons for believing that , these "curious bodies" originated from asbestos fibers that had reached the lungs. Mills (1930) reported the first case of asbestosis in the United States, and in the same year. Lynch and Smith (1930) reported on "asbestosis bodies"* found in the sputum of asbestos workers. Early studies led many investigators to conclude that people exposed to asbestos dust developed the disease "asbestosis" if the dust concentration was high or their exposure was long (Merewether and Price, 1930; Merewether, 1934; / * "Ferruginous bodies'* is a more descriptive term, as other inhaled fibers, eg, fibrous glass, may also become iron coated. A i7642 UCC 022786 2 Fulton et al 1935; Dreessen et al, 1938). (b) Epidemiologic Studies ' Harries (1968) reported that although first impressions would lead one to believe that only workers continuously exposed to asbestos are at risk of developing asbestosis, further consid eration of the industry and processes should have suggested that many other workers were also at risk. For example, some trades worked in confined spaces where asbestos was used. Work in ship board trades was accepted by the Pneumoconiosis Panel of the United Kingdom as associated with asbestosis. Murphy et al (1971a) found that asbestosis was 11 times more common among pipe insulators involved in new ship construction than among a control group. Asbestosis first appeared" 13 years after exposure or at about 60 mppcf-years. The prevalence was 38% after 20 years. They also reported a case of extensive pleural calcification in a worker whose only known asbestos exposure was during sanding asphalt and vinyl tile floors (Murphy et al, 1971b). Lorimer et al (1976), in a study of brake repair and mainten ance workers exposed to asbestos, found that 25% of the workers showed evidence of x-ray abnormalities consistent with asbestosis. One quarter also had restrictive pulmonary function test findings. Meurman et al (1973) found a three-fold risk of dyspnea and a two-fold risk of cough for asbestos workers as compared with controls, after adjusting for smoking. Weill et al (1975) reported a decreased lung function in relation to increasing cumulative dust exposure in a group of asbestos cement manufacturing workers. Ayer and Burg (1976) reported a decrease in pulmonary function in asbestos textile workers with less than ten years of exposure. UCC 022787 A 17643 3 ' * (c) /' '/ _. Description of Asbestosis Asbestosis is a chronic lung disease due to the inhalation of asbestos fibers and is characterized by diffuse interstitial fibrosis, frequently associated with pleural fibrosis (thicken ing) or pleural calcification. The characteristic x-ray changes of asbestosis are small irregular opacities in the lower and middle lung fields, often accompanied by pleural thickening and pleural calcifications. The pulmonary fibrotic changes develop slowly over the years-- often progressively even without further exposure--and their radio graphic detection is a direct correlate of their extent and pro fusion. In some cases, minor fibrosis with considerable respiratory impairment and disability can be present without equivalent x-ray changes. Conversely, extensive radiographic findings may be present with little functional impairment. Commonly found in asbestosis are pulmonary rales, dyspnea, finger clubbing and cyanosis, but any of all can be absent in any one case. Pulmonary hypertension is frequently associated with advanced asbestosis and the resultant cor pulmonale (right-sided heart failure) may be the cause of death. Carcinogenicity (a) Occupational Exposure (1) Historical Studies In 1935, 55 years after the start of large-scale usage of asbestos in industry, suspicion of an association between asbestosis -and lung cancer was reported by Lynch and Smith (1935) in the USA and by Gloyne (1935) in the UK. About 10 years later, case reports of pleural and peritoneal tumors associated with asbestos appeared (Wedler, 1943, a,b; Wyers, 1946). Epidemio logic .evidence from Doll (1955) showed a ten-fold excess risk of lung cancers in those UK asbestos textile workers who had been employed before 1930, before regulations produced improved dust A 1 7644 UCC 022788 4 conditions in factories. Similar findings were reported in the USA in 1961. Mesotheliomas were also detected but this fact was not published until later {Mancuso and Coulter, 1963; Selikoff et al, 1964). Possible variations in risk with different types of fiber were rarely considered in the early reports. Since 1964, following the recommendations of the UICC Working Group on Asbestos Cancers (UICC 1965) for new studies, there has been an expansion of epidemiologic studies in many parts of the world. (2) Epidemiologic Studies (A) Lung Cancer, Pleural and Peritoneal Mesotheliomas (i) Mixed Types of Fiber In most industrial processes different types of fiber are mixed, so that pure exposures to a single asbestos type are rare. Mortality studies of defined populations of asbestos-manufacturing, insulating, and shipyard workers have provided the most concrete evidence concerning the association between bronchial cancer, pleural, and peritoneal mesotheliomas and exposure to asbestos. Reports have come from several countries: (UK) Newhouse, 1969; (FRG) Bohlig et al, 1970; (USA) Selikoff et al, 1970; (UK) Elmes and Simpson 1971; (The Netherlands) Stumphius, 1971; (Italy) Rubino et al, 1972. y A seven-fold excess of lung cancer was found in a group of insulation workers whose exposures had been to chrysotile and amosite but not crocidolite (Selikoff et al., 1971) . Enterline and Henderson (1973) reported a 4.4 times increased risk of respiratory cancer mortality among retired men who had worked as production or maintenance employees in the asbestos industry and who had been exposed to mixed fibers. Among men with mixed exposure to crocidolite and chrysotile in the asbestos cement industry, the rate was 6.1 times the expected rate. In a British naval dockyard population, Harries (1976) showed that there had been a steep rise in mesotheliomas since 1964. However, the full biologic effects of asbestos in shipyard workers would not have been expected to be detected until the 197O's and thereafter (Selikoff, 1976a). & ] 764b UCC 022789 5 SYNERGISM There is marked enhancement of the risk of lung carcinoma in those workers exposed to asbestos who also smoke cigarettes (Selikoff et al, 1968; Doll, 1971; Berry et al, 1972; Hammond and Selikoff, 1973); Hammond and Selikoff (1973) interpret the excess lung carcinoma risk from asbestos in nonsmokers to be small. No link between cigarette smoking and mesotheliomas has been observed in a prospective study by Hammond and Selikoff (1973). A pre liminary study (Lemen, 1976) on female workers employed between January 1940 and December 1967, in a predominately chrysotile asbestos textile plant, revealed 7 lung cancer deaths among 580 women when only 0.63 deaths were expected (p<0.01). One lung cancer death was observed in a smoker, two in women of undetermined smoking history, and four in "never" smokers as determined from hospital admission charts. It is important to note that the historic documentation of cigarette consumption patterns is lacking for most retrospective cohort studies of asbestos workers. It is further important to note that a sizable portion of the general population, the group usually selected for comparison in these studies, are cigarette smokers. Therefore, the risk of lung cancer demonstrated for these industrial groups exposed to asbestos is of such magnitude as to preclude the identification of an independent etiologic role for cigarette smoking. UCC 022790 A' 17646